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Interview with Mr Justice Mostyn – Rules and Woolly Discretion

Interview with Mr Justice Mostyn – Rules and Woolly Discretion

Interview with Mr Justice Mostyn – Rules and Woolly Discretion Alexander Chandler KC 1 KBW Many thanks for agreeing to be interviewed for the Financial Remedies Journal Very good to see you. You come at the end of an era. Tomorrow is my last day sitting in the Admin Court, hearing

The Revised Standard Family Court Orders – In with the New

The Revised Standard Family Court Orders – In with the New

The standard orders project has a long history. The then President (Sir James Munby) first appointed a drafting group in 2013 under the leadership of Mostyn J to produce a comprehensive set of orders that it was intended would become mandatory in the Family Court and the Family Division. Such

Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law

Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law

The Law Commission announcement (1) On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’,[[1]] targeted at producing a ‘scoping report’ in September 2024. (2) The announcement carried the following explanation of the task and the

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?

As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider ‘how maintenance payments for an ex-spouse or civil partner should work’. The terms of reference set out that the Law Commission is to consider specifically potential

Living under an LSPO

Living under an LSPO

Commentary on legal services payment orders (LSPOs) often concerns their effect on those required to fund them. That is not hard to understand. The (usually) substantial payment to an opposing firm to fund work perceived as contrary to the payer’s interest is never an enjoyable experience, however important a

Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes

Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes

The words ‘Goddard-Watts’ may cause a feeling of déjà vu for financial remedy practitioners. After their separation and divorce (in 2009 and 2010, respectively) the parties settled by consent the financial relief claims arising from their divorce in 2010. Subsequently, it was found on two separate occasions that the husband

Unilateral Assets and Short Marriages after E v L – Another White Leopard?

Unilateral Assets and Short Marriages after E v L – Another White Leopard?

It was made clear by the Court of Appeal in Miller v Miller [2005] EWCA Civ 984, [2006] 1 FLR 151 that none of the pre-White v White [2000] UKHL 54, [2000] 2 FLR 981 so-called short marriage cases[[1]] had survived the change in judicial approach that White heralded.